Forging documents in court proceedings constitutes a serious offense, undermining judicial integrity and necessitating accountability for dishonesty.

JUDGMENT :

VIKRAM D. CHAUHAN, J.

1. Heard Sri Ishir Sripat, learned counsel for Applicant, Ms. Anamika Chopra, Opposite party no. 2 appearing in person and Sri O.P. Dwivedi,learned A.G.A. for the State.

2. The present application under Section 482 of Code of Criminal Procedure, 1973, is preferred by Applicant challenging summoning order dated 17.10.2019 passed by learned Second Additional Chief Judicial Magistrate, Gautam Buddh Nagar as well as entire proceedings in pursuance to Criminal Case No. 5043 of 2019 (State Vs. Gaurav Mehta) under Section 466 of Indian Penal Code, Police Station-Surajpur, District-Gautambudh Nagar in the court of Second Additional Chief Judicial Magistrate, Gautam Buddh Nagar.

3. The brief facts arising out of present case are as under :-

a) The Applicant and Opposite party no. 2, marriage was solemnized on 27.2.2004 at Noida.

b) Out of aforesaid wedlock, one son namely Abhimanyu Mehta (renamed to Aryaman Chopra) was born on 27.12.2004. The Applicant and Opposite party no. 2, resided as husband & wife till 16.8.2006 whereafter due to differences between the parties, they approached the court of District Judge, New Delhi and Divorce Decree under Section 13B of Hindu Marriage Act, 1955 was passed vide Judgement and Decree dated 20.8.2007.

c) The Applicant and Opposite party no. 2 thereafter resided separately and the abovementioned son of parties resided with Opposite party no. 2. Thereafter for maintenance of said son, Opposite party no. 2 instituted Case No. 374 of 2013 (earlier number being 50 of 2009) under Section 125 of Code of Criminal Procedure, 1973. In the aforesaid application maintenance to the tune of Rs.15,000/- per month was claimed in respect of above-mentioned child.

d) In the said application under Section 125 of Code of Criminal Procedure, 1973, an order was passed by court concerned on 26.2.2019 directing Applicant to submit last three years income tax return, bank account details, fixed deposit or bond and other movable assets and salary slip.

e) The Applicant in pursuance to aforementioned order dated26.2.2019 filed his submissions before the court concerned (where proceeding under Section 125 Cr.P.C. was pending, hereinafter referred to as “Maintenance Court”) wherein the statement of ICICI bank account for Year 2011-12, 2012-13 and 2013-14 was also submitted before the Maintenance Court. The Maintenance Court further by order dated 30.4.2019 directed Applicant to submit salary slip and details of immovable property.

f) The Maintenance Court by order dated 21.11.2019 directed the Applicant to pay Rs. 15,000/- per month towards maintenance of the son till he attains majority.

g) The Opposite party no 2 thereafter lodged a zero first information report in New Delhi, which was subsequently lodged on 22.7.2019 as Case Crime No. 0869 of 2019 at Police Station Surajpur, District-Gautam Buddh Nagar, under Sections 420 , 468 and 471 of Indian Penal Code against Applicant. In the above-mentioned first information report, it is alleged that informant was engaged in child maintenance litigation with Applicant for almost 10 years and Applicant had refused to maintain his own son. By order dated 26.2.2019 passed by the A.S.J./F.T.C., Gautam Buddh Nagar, the court had ordered for production of documents in respect of Applicant being bank statements and details of immovable property, fixed deposits, shares, bonds and other related financial documents before the next date of hearing. In response to above- mentioned order dated 26.2.2019, Applicant filed bank statement of ICICI